Commerce
(Financial Resources for Business and Communities, Chs. Comm 105 to 128)
[CR 01-157]
NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4), 560.183 and 560.184, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to health care loan assistance.
Hearing Date, Time and Location
Date:   Tuesday, January 29, 2002
Time:   10:00 a.m.
Location:   Thompson Commerce Center
  201 West Washington Avenue
  Room 3C
  Madison, Wisconsin
Analysis of Proposed Rules
Statutory Authority: Sections 560.02 (4), 560.183 and 560.184, Stats.
Statutes Interpreted: Sections 560.02 (4), 560.183 and 560.184, Stats.
The current rules for health care loan assistance in chs. Comm 122 and 128 apply to physicians and health care providers such as physician assistants. 2001 Wisconsin Act 16 requires the Department of Commerce to also provide loan assistance to dentists and dental hygienists.
The proposed rules add dentists and dental hygienists to the health care loan assistance program administered by the Department. The proposed rules closely follow the current rules for providing loan assistance to physicians and health care providers. However, because dental practice has distinct differences from medical practice, the proposed rules specify practice requirements for dentists and dental hygienists regarding volume of medical assistance and Badger Care patients. The proposed rules also include qualifications for loans and criteria for repayment of loans.
Appearances at the Hearing
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 8, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any small business licensed as a dentist or a dental hygienist who wishes to participate in the Department's health care loan assistance program.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules require the dentist to keep a record of the number of Medical Assistance and Badger Care patients.
3. Types of professional skills necessary for compliance with the rules.
The proposed rules apply to dentists and dental hygienists.
Fiscal Estimate
The proposed rules add dentists and dental hygienists to the health care loan assistance program currently administered by the Department of Commerce. There are no new administrative activities required to implement these rule additions. Therefore, the proposed rules will not have any effect on costs or revenues at the state or local level.
Copies of Rule and Contact Person
Copies of the proposed rules may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email racker@commerce.state.wi.us, telephone (608) 267-7907 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Corrected
Notice of Hearing
Employment Relations
[CR 01-140]
The notice for public hearing on Employment Relations proposed rules amending ch. ER 30 has an error on page 21 of the December 31, 2001, Register.
Section 5 should read:
Section 5. ER 30.085 is amended to read:
ER 30.085 Career executive temporary assignment. A career executive employee may be assigned to a position for employee development purposes or to complete a special project for a duration not to exceed 2 4 years. The employee's classification and pay status shall not be affected. An intra-agency temporary assignment requires the written agreement of the employee and the appointing authority. An inter-agency temporary assignment requires the written agreement of the employee, and the appointing authorities of both the sending and receiving agencies. The appointing authority in an intra-agency temporary assignment or the appointing authority of the receiving agency in an inter-agency temporary assignment shall send a copy of the written agreement to the secretary prior to the effective date of the assignment. If the employee is expected to return to the sending agency upon completion of the temporary assignment, the employee and the appointing authority of the sending agency shall develop a formal leave agreement under s. ER 18.14 (2) (a).
Notice of Hearing
Financial Institutions - Banking
Pursuant to s. 227.17, Stats., notice is hereby given that the Department of Financial Institutions, Office of Financial Education will hold a public hearing at the time and place indicated below to consider creating a rule regarding registration fees under the Wisconsin Consumer Act. The hearing covers an emergency rule effective December 3, 2001 and a proposed rule regarding the same.
Hearing Date, Time and Location
Date:   Monday, January 28, 2002
Time:   9 a.m.
Location:   Tommy G. Thompson Conference Room
  5th Floor
  Department of Financial Institutions
  345 West Washington Avenue
  Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call David D. Mancl at (608) 261-9540 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to David D. Mancl, Director, Department of Financial Institutions, Office of Financial Education, P.O. Box 8041, Madison, WI 53708-8041.
Analysis Prepared by Department of Financial Institutions, Division of Banking
The create s. DFI-Bkg 80.90. Statutory authority: ss. 426.201 (3) and 227.11 (2), Stats. Summary: 2001 Act 16 amended ss. 426.201 (2) (intro), (2) (fm), (3), and 426.202 (1m) (b) and (1m) (c), Stats.; created s. 426.201 (2m), Stats.; repealed ss. 426.202 (1m) (a) 1. a., (1m) (a) 1. b., and (1m) (a) 1. c., (d) and (e), Stats.; and renumbered and amended s. 426.202 (1m) (a) 1. (intro.), Stats. The act authorizes the Department of Financial Institutions to adopt rules pertaining to registration fees under the Wisconsin Consumer Act. The proposed rule revises the formula for calculating these fees.
Fiscal Estimate
The rule increases existing revenues. There is no local government costs. Program fund sources are affected. The affected ch. 20 appropriations are s. 20.144 (1) (g).
Initial Regulatory Flexibility Analysis
The rule may have an impact on small business. Types of small business that will be affected by the rule: entities providing credit. Description of the proposed reporting, bookkeeping and other procedures required for compliance: registration form and payment of fee to the department. Types of professional skills necessary for compliance: no new skills.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained from David D. Mancl, Director, Department of Financial Institutions, Office of Financial Education, P.O. Box 8041, Madison, WI 53708-8041, Tel. (608) 261-9540. A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.
Notice of Hearing
Health and Family Services
(Health, Chs. HFS 110-)
[CR 01-148]
Hearing Date, Time and Location
Date:   Tuesday, January 29, 2002
Time:   10:0 p.m.
Location:   State Office Building
  1 West Wilson Street
  Conference Room 372
  Madison, Wisconsin
Appearances at the Hearing
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. HIRSP health insurance coverage includes prescription drug coverage. Two major and longstanding issues affect HIRSP prescription drug coverage.
The first issue is that pharmacies currently have difficulty determining the financial liability of HIRSP policyholders, because they do not have access to information regarding policyholder deductibles and coinsurance obligations. The second issue is that the existing HIRSP system of policyholder reimbursement for prescription drug costs is both lengthy and financially burdensome to policyholders.
The department proposes to implement new coinsurance provisions for HIRSP's drug benefit that will clarify the financial liability of HIRSP policyholders for covered prescription drug costs. The new provisions also eliminate unnecessary delays and burdens in HIRSP reimbursement for prescription drug expenses by establishing policyholders' minimum and maximum out-of-pocket costs for covered prescription drugs.
The proposed rules affect about 12,000 HIRSP policyholders statewide. The impact of these proposed rules was reviewed and approved by the HIRSP Board of Governors on September 13, 2001. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or phone:
  Randy McElhose
  Division of Health Care Financing
  P.O. Box 309, Room B274
  Madison, WI 53701-0309
  (608) 267-7127 or, if you are hearing impaired, (608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than February 5, 2002 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The fiscal effect of these proposed rules was developed by an independent actuarial firm under contract to HIRSP. This fiscal effect was reviewed and approved by the HIRSP Board of Governors on September 13, 2001.
It is estimated that the proposed rule will increase HIRSP program expenditures by about $700,000, annually. These expenditures will be funded in the same manner as other HIRSP expenditures. About $420,000 (60%) of this sum will be funded by an increase in policyholder premiums. The remaining $280,000 (40%) will be shared equally between an increased HIRSP levy on health care provider rates and an increased HIRSP assessment on insurers.
An adjustment to the levy and assessment is expected to occur on July 1, 2002 as part of a routine, scheduled HIRSP rule update. A budget-based update of HIRSP rules previously occurred in 1998, 1999, 2000 and 2001. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed. The HIRSP program has sufficient cash flow and reserves to fund this proposed rule prior to July 1, 2002, according to the independent actuarial firm under contract to HIRSP.
Initial Regulatory Flexibility Analysis
The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and s. 450.03 (1) (g), Stats., as created by 2001 Wis. Act 16, and s. 450.04 (3) (b), Stats., as amended by 2001 Wis. Act 16, and interpreting ss. 450.03 (1) (g) and 450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order adopting emergency rules relating to a pharmacy internship program.
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